Constitution of Serbia

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The current Constitution of the Republic of Serbia (Serbian: Устав Републике Србије / Ustav Republike Srbije) was adopted in 2006, replacing the previous constitution dating from 1990.[1] The adoption of new constitution became necessary in 2006 when Serbia became independent state after Montenegro's secession and the dissolution of Serbia and Montenegro.

The proposed text of the constitution was adopted by the National Assembly on 30 September 2006 and put on referendum which was held on 28-29 October 2006. After 53.04% of the electorate supported the proposed constitution, it was officially adopted on 8 November 2006.

The Constitution contains a preamble, 206 articles, 11 parts, and no amendments.

Main provisions

Among the constitution's two hundred other articles are guarantees of human and minority rights, abolishment of capital punishment, and banning of human cloning. It assigns the Serbian Cyrillic alphabet as the official script, while making provisions for the use of minority languages at local levels.[2] Among the differences between the current and previous constitution are:

  • Only private, corporate and public property is acknowledged; social assets shall cease to exist.
  • Foreign citizens are permitted to own property.
  • Full independence is granted to the National Bank of Serbia.
  • As part of a process of decentralization, the granting of municipal properties' ownership rights to local municipalities.
  • The province of Vojvodina is granted economic autonomy.
  • The constitution mentions "European values and standards" for the first time.
  • The constitution assigns the Serbian language and the Serbian Cyrillic alphabet as the official language and alphabet in use, respectively.
  • The adoption of the national anthem, Bože pravde (God of Justice).
  • Special protection for the rights of consumers, mothers, children and minorities.
  • Greater freedom of information.
  • Marriage is defined as the "union between a man and a woman"

Constitutional status of Kosovo

The current constitution defines the Autonomous Province of Kosovo and Metohija as an integral part of Serbia, but with "substantial autonomy". Under the opinion of the Venice Commission in respect to substantial autonomy of Kosovo, an examination of The Constitution makes it clear that this fundamental autonomy is not at all guaranteed at the constitutional level, as the constitution delegates almost every important aspect of this autonomy to the legislature.[3]

According to writer Noel Malcolm, the 1903 constitution was still in force at the time that Serbia conquered Kosovo (in 1912-1913). He elaborates that this constitution required a Grand National Assembly before Serbia's borders could be expanded to include Kosovo; but no such Grand National Assembly was ever held. Constitutionally, he argues, Kosovo should not have become part of the Kingdom of Serbia. It was initially ruled by decree.[4][5]

Constitutional history

Front page of the "Candlemas constitution" of 1835.

Serbia has adopted 11 constitutions throughout its history.[6] Listed below in order of year adopted:

  • 1835 ― first constitution of the Principality of Serbia, so-called "Candlemas constitution" (Sretenjski ustav)
  • 1838 ― second constitution of the Principality of Serbia, often called "Turkish constitution", issued in the form of Turkish firman
  • 1869 ― third constitution of the Principality of Serbia
  • 1888 ― first constitution of the Kingdom of Serbia
  • 1901 ― second constitution of the Kingdom of Serbia, called "April constitution" and "Octroic constitution", promulgated by Alexander I of Serbia
  • 1903 ― third constitution of the Kingdom of Serbia, modified version of the Constitution of 1888
Between 1918 and 1945 Serbia was part of the Kingdom of Yugoslavia and Democratic Federal Yugoslavia, and had no constitution of its own.
  • 1947 ― constitution of the People's Republic of Serbia (then part of the FPR Yugoslavia)
  • 1963 ― first constitution of the Socialist Republic of Serbia (then part of the SFR Yugoslavia)
  • 1974 ― second constitution of the Socialist Republic of Serbia (then part of the SFR Yugoslavia)
  • 1990 ― first constitution of the Republic of Serbia (Serbia was part of the SFR Yugoslavia in 1990–1992 and part of Serbia and Montenegro in 1992–2006)
  • 2006 ― current constitution, first constitution of the independent Republic of Serbia

See also

References

  1. ↑ "Rare unity over Serb constitution". BBC News. 30 October 2006. 
  2. ↑ "Šta donosi predlog novog ustava Srbije" (in Serbian). B92. 30 September 2006. 
  3. ↑ "Opinion on the Constitution of Serbia". Venice Commission. 17/18 March 2007. Retrieved 23 January 2013. 
  4. ↑ Malcolm, Noel (1999). Kosovo: A Short History. Harper Perennial. ISBN 978-0-06-097775-7. 
  5. ↑ Perić, La question constitutionelle en Serbie, Paris 1914
  6. ↑ Serbian Constitutional History Part I

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